Procedural Safeguards Updates

Updated Procedural Safeguards were published on the Legal Framework December 2017.  Changes highlighted in the attached document are as follows:

  1. Date change (From April 2016 to December 2017)
  2. Foster Parent as Parent – discusses when a training program must be completed “…before the child’s next ARD meeting, but not later than the 90th day after you begin acting as the parent for the purpose of making special education decisions” and that training does not need to be repeated.
  3. Education records defined as “those records that directly relate to your child and are maintained by the school or a party acting for the school..”
  4. Transfer of Rights When Your Child Turns 18 an addition was made regarding parents attending meetings after the student turns 18 “.. or unless your adult student gives you the right in a supported decision-making agreement”.
  5. Guardianship and Alternatives – “On or before your child’s 17th birthday, the school must provide you with information about guardianship and alternatives to guardianship, including supported decision-making agreements..”
  6. Surrogate Parent – “To serve as a child’s surrogate parent, a school must ensure that the surrogate parent has received the required training…
  7. Foster Parent as Parent or Surrogate – full section has a red strike through.
  8. Special Education Complaint Resolution Process – addition of “The complaint timeline will start the next business day after the day that TEA receives the complaint.”  The word “filed” has a red strike through and is replaced with “received”.
  9. Due Process Hearing Program – addition of “This one-year timeline is also referred to as a statute of limitations.”  It also adds, ” In some circumstances, the one-year statute of limitations to request a due process hearing may be tolled – or paused – if you are an active-duty member of the armed forces…”
  10. Resolution Period – the section that states that “Unless you and the school agree in writing to waive the resolution meeting or agree to go to mediation, the resolution meeting must occur before you can have a hearing” has a red strike through.
  11. Resolution Meeting in Expedited Hearings – addition of “of receiving the request for an expedited due process hearing”.  The following section has a red strike through “If after making reasonable efforts and documenting such efforts, the school is not able to obtain your participation in the resolution meeting, the school may, at the end of the 15 calendar days resolution period, request that a hearing officer dismiss your request…” has been replaced with “The hearing must be held within 20 school days of the date that the request for a due process hearing is filed.  The hearing officer must issue a final decision within 10 school days after the hearing”.


For questions contact Ann Jinkins or Lindy Frazer

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